A release or release agreement is a document or other enforceable agreement that releases one party from further liability to another—or releases two or more parties from further liability to each other. A release is typically signed or executed by the parties following an incident, claim, or lawsuit in which one party (the releasing party) claims another party (the released party) caused physical, financial, or emotional damage to the releasing party.
A release is typically included in a settlement agreement to resolve such claims before, during, or after a lawsuit is filed involving the incident or claim. The release is typically given by the releasing party in exchange for the released party paying money or giving or doing something else of value that the releasing party will accept in exchange—even an apology may be given in exchange for a release if the releasing party is willing to accept the apology in exchange for the release.
In California, a release or release agreement is a legally binding contract where one party agrees to relinquish their right to pursue legal action against another party in exchange for compensation or another form of value. This agreement is often used to settle disputes without going to court and can be executed before, during, or after litigation. The compensation can be monetary or non-monetary, such as property or an apology, depending on what the parties agree upon. California law requires that release agreements be clear, unambiguous, and explicit in expressing the intent of the parties. The terms must be set out in a manner that a reasonable person would understand. Additionally, the release must be supported by adequate consideration—the value exchanged between the parties. It is important to note that certain claims cannot be released, such as claims for gross negligence or future intentional torts. To ensure enforceability and to address any potential legal complexities, parties often seek the advice of an attorney when drafting or signing a release agreement.